Opinion
No. 1889.
Decided June 12, 1912.
Robbery — Indictment — Precedent.
Where, upon trial of robbery, the indictment followed approved precedent, there was no error.
Appeal from the District Court of McLennan. Tried below before the Hon. Richard I. Munroe.
Appeal from a conviction of robbery; penalty, seventeen years imprisonment in the penitentiary.
The opinion states the case.
No brief on file for appellant.
C.E. Lane, Assistant Attorney-General, for the State.
This was a conviction for robbery, the indictment being the same in this case as in the case of Collin Robinson v. State, No. 1888, this day decided. I am of the opinion that the motion to quash was well taken under the recent decision of Green v. State, in an opinion by Judge Prendergast. My brethren hold in that I am mistaken in the case of Robinson v. State, No. 1888. Following that case and in deference to the majority opinion the judgment herein is ordered to be affirmed.
Affirmed.